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2023 Supreme(AP) 76

U. DURGA PRASAD RAO
Southern Power Distribution Company of Andhra Pradesh Limited – Appellant
Versus
Central Electricity Regulatory Commission, (CERC) Rep. by its Chairman – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:The Advocate General representing Sri Y.Nagi Reddy
For the Respondent: Sri B.Ravi Teja, Sri C.Prakash Reddy, learned Senior Counsel representing Sri Kilaru Nithin Krishna.

ORDER :

The petitioners pray for a Writ of Certiorari calling for records relating to the orders in petition No.176/MP/2019 dated 05.02.2020 passed by the 1st respondent holding that the 2nd respondent / NTPC has to pay safeguard duty and GST to the 3rd respondent and that the 2nd respondent is entitled to claim the said amount from the petitioner DISCOMs on back-to-back basis and quash the said order as illegal, arbitrary, discriminative and without jurisdiction and contrary to the provisions of the Electricity Act, 2003 and agreement entered into by the parties and pass such other order.

2. The factual matrix of the case in nut shell is thus:

    (a) The petitioners are the Southern and Eastern Power Distribution Companies (DISCOMs) of Andhra Pradesh. The 2nd respondent is the National Thermal Power Corporation Limited (NTPC) and the 3rd respondent is a private Solar Power Generating company, 1st respondent is the Central Electricity Regulatory Commission (CERC). Petitioners are constituted under the Companies Act and are wholly governed by the Government of A.P. They procure power form the State and Central generating stations and also from private generating stations to supply to t

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